TECHNOLOGICAL INSTITUTE OF THE PHILIPPINES

938 Aurora Blvd., Cubao, Quezon City

CE LAWS, ETHICS AND

CONTRACTS CE 593– CEC41S4

REPORT NO. 4
Section 1
The Practice of Civil Engineering

SUBMITTED BY:
MACALINO, MIA NICOLE G.
1911009

MARCH 12, 2024

1.1 GENERAL

This manual addresses the procurement of civil engineering services for a quality

project. Quality by definition is one satisfactorily meeting both the expectations of the

client or employer and the requirements of the project. It requires professional

dedication, effort, adequate time for investigation, planning and innovation, fair

compensation, and appropriate authority and responsibility. It cannot be achieved only

by the effort at the beginning or end of a project. These efforts must be conscious,

continuous, and consistent throughout all the phases of a project.

Quality results from team effort and is measure by the degree of satisfaction of all

parties involved. This manual is dedicated to advancing both the understanding and

quality of the practice of Civil Engineering.

The development of this manual is predicated on the basis that Civil Engineering

services are accomplished in a manner meeting the standard of care of the profession

of Civil Engineering.

COMMENT:

This manual is all about making sure civil engineering projects are done well. It says

that quality means meeting the client's needs and doing the project right. It's not just

about starting strong or finishing well; it's about keeping up the good work throughout

the project. Quality comes from everyone working together and making sure everyone

involved is happy. This manual sets out to improve how civil engineering projects are

done by focusing on professionalism and doing things right.

1.2 PROFESSIONAL RESPONSIBILITY

The standard of practice is for Civil Engineering to be given responsibility for studying,

conceiving, designing, observing, construction, and assisting in the programming for

operating and maintaining engineering works. Other services that are unforeseen

initially may be required of the Civil Engineer during the evolution of a project. The

health, safety, well-being and comfort of the public in using a facility, and the ultimate

facility cost, all depend to a considerable extent on how well members of the project

team fulfill their professional and contractual responsibilities. The Civil Engineer,

therefore, has obligations as trustee to the public interest as well as faithful to the

private interests of clients. Successfully fulfilling these responsibilities require candor,

mutual trust, and effective communication and understanding between the Civil

Engineer and the client. Only in this way can a professional relationship be established

and a successful project implemented.

Civil Engineers shall conduct themselves in a highly Professional Manner and Serve as

Faithful Trustees or agents of their client or employers. Civil Engineers are therefore

bound by the Fundamental Canons of Ethics contained in this manual.

Care and protection of the environment is paramount in the Civil Engineer’s work

engagement.

Civil Engineers must always strive to maintain the highest standard of Ethical

Professional Practice in their dealing with Client employees, competitors and the

community.
COMMENT:

This passage stresses the important responsibilities that civil engineers have. They're

not just responsible for designing and building structures, but also for considering public

safety, comfort, and the environment. Civil engineers must always act professionally and

ethically, putting their clients' interests first while also considering the well-being of the

community and the environment. This means being honest, trustworthy, and

communicating effectively with clients. Overall, the need for civil engineers to uphold

high ethical standards and prioritize both the clients' needs and the greater good.

1.3 CLIENT-CIVIL ENGINEER RELATIONSHIPS

Many engineering works are conceived, designed, and constructed through the efforts

of Civil Engineers employed in governmental agencies or in industry. Other engineering

projects come to fruition through the efforts of civil engineering firms engaged for a

specific project or program by public agencies or private clients. Many public and private

entities, of necessity rely on Civil Engineers as their employees. Independent civil

engineering firms are also relied upon to accomplish projects which require special

expertise beyond the normal capabilities of the client. More recently clients have been

utilizing new concepts, such as program management and design-build, to implement

projects. Definition and explanation of proper relationships between Civil Engineers and

their public and private clients are important objectives of this manual. These are

discussed below (See Annex A for Sample Contracts of Services.

COMMENT:

This part talks about how civil engineers work in different settings. Some civil engineers

work for the government or companies, while others work for firms hired for specific

projects. Both public and private organizations depend on civil engineers for their

expertise. Sometimes, clients hire independent firms for projects that need special skills.

Nowadays, there are new ways of managing projects, like program management and

design-build. This explain how civil engineers should work with their clients, whether

they're public or private, to ensure projects are done well.

1.3.1 OBLIGATIONS OF THE CIVIL ENGINEER

The Obligations of the Civil Engineer include:

1. The Civil Engineer shall perform Scope of the Services as stated in SECTION 2.

2. The Civil Engineer shall exercise reasonable sill, care and diligence in the

performance of his obligations.

3. The Civil Engineer shall act independent and, as required by the contract, perform

with the necessary skills and professional judgement, when required to certify, decide or

exercise discretion between the Client and a Third party with whom the Client has a

contract.

4. The Civil Engineer is authorized to act as the Client’s faithful agent when required but

only as implied in SECTION 2 or implied in the contract adopted for the Project.

5. When aware of any matters which may will change or has changed the scope of the

services, the Civil Engineers shall give written notice to the Client containing particulars

of the change.
6. For Specified Staged Services, the Civil Engineer shall not initiate or proceed with

any subsequent stage of the Services without the approval of the Client.

7. When required, the Civil Engineer shall direct and co-operate with all other

professionals and integrate their work where applicable into that being undertaken by

the Civil Engineer and other professionals, but shall not be professionally liable to their

work.

8. The Civil Engineer may recommend specialist suppliers and/or contractors to design

and execute certain parts of the Works, in which case the Civil Engineer shall

coordinate the design of such parts or parts with the overall design of the Works but he

shall be relieved of all responsibility for the design, manufacture, installation and

performance of any such part or parts of the Works. The Civil Engineer shall not be

liable for acts of negligence, default or omission by such person or persons.

9. The Civil Engineer shall notify the Client of any interest the Civil Engineer has which

may significantly conflict with the interest of the Client under their Contract.

COMMENT:

This section outlines the responsibilities of civil engineers when working on projects:

1. They must follow the agreed-upon scope of work.

2. They should work carefully and diligently.

3. They must act independently and use their professional judgment when needed.

4. They can act on behalf of the client if required by the contract.

5. They need to inform the client of any changes to the project scope.

6. They can't proceed to the next stage of the project without the client's approval.
7. They must cooperate with other professionals involved in the project.

8. They can suggest specialist suppliers or contractors for certain parts of the project

but won't be responsible for their work.

9. They should disclose any conflicts of interest that could affect the project.

1.3.2 OBLIGATIONS OF THE CLIENT

The Client has the following obligations.

1. The Client shall pay the Civil Engineer for his Services, the amount of fees and

expenses set out in or determined in their Agreement.

2. The Client shall provide the Civil Engineer within reasonable time (that does not

result in delay to the provision of the Services), all information required by the Civil

Engineer in the performance of his services and a decision in writing on matters

properly referred to the Client in writing.

3. The Client shall cooperate with the Civil Engineer and shall not interfere with or

obstruct the proper performance of the Services.

4. The Client shall, as soon as possible as practicable, make arrangements to enable

the Civil Engineer to enter the site and inspect facilities needed in the performance of

his services.

5. The Client shall arrange for the provision of services from other professionals or

others as may be required and bear all costs.

6. When the Civil Engineer is required to administer the work of other professionals or

other third parties who are directly contracted by the Client or when the Civil Engineer is
required to act as Engineer-to-the-Contract for any contract on behalf of the Client then

all instructions by the Client shall be given through the Civil Engineer.

7. When aware of any matter which will change or has changed the Scope of the Civil

Engineer’s Services, the Client shall notify in writing within 7 days the Civil Engineer

containing, as far as is practicable, the particulars of the change.

COMMENT:

This section explains what the client needs to do:

1. They must pay the civil engineer for their services as agreed upon.

2. They should give the civil engineer all the necessary information and decisions in a

timely manner.

3. They must cooperate with the civil engineer and not disrupt their work.

4. They need to allow the civil engineer access to the site and facilities needed for the

project.

5. They're responsible for hiring other professionals or services required for the project

and covering the costs.

6. If the civil engineer is overseeing work by other professionals or third parties, all

instructions from the client should go through the civil engineer.

7. If there are any changes to the project scope, the client should inform the civil

engineer promptly.
1.3.3 LIABILITY OF THE CIVIL ENGINEEER AND THE CLIENT

The Civil Engineer shall only be liable to pay damages to the Client arising out of or in

connection with their Agreement if a breach of duty of care is established against the

Civil Engineer.

The Client shall only be liable to pay damages to the Civil Engineer if a breach of the

Client’s duty to the Civil Engineer is established against the Client.

Resolution of any conflict arising from the Agreement between the Civil Engineer and

the Client shall be done by giving preference to the process of arbitration.

Establishment of the breach of duty on the part of the Civil Engineer and that of the

breach of the Client’s duty to the Civil Engineer shall be undertaken by a third party

arbitrator mutually acceptable to the Client and the Civil Engineer.

COMMENT:

This section outlines the process for handling damages in the event of a dispute

between the civil engineer and the client. It states that the civil engineer will only be

liable to pay damages to the client if it's proven that the civil engineer breached their

duty of care. Conversely, the client will only be liable to pay damages to the civil

engineer if it's proven that the client breached their duty to the civil engineer. In case of

a conflict, the preferred method of resolution is arbitration, where an impartial third party

assists in settling the dispute. The determination of whether there was a breach of duty

by the civil engineer or the client will be made by a mutually acceptable arbitrator,

ensuring a fair and impartial assessment of the situation.

1.3.4 a. Limitation or Civil Engineer’s Responsibility

1. The Civil Engineer shall have no responsibility or liability for costs, loss or damage of

whatsoever nature arising from any errors in or omission from data, documents, plans,

design or specifications not prepared by the Civil Engineer, or other personnel under the

direct control of the Civil Engineer, and arising from any act or omission or lack of

performance or any negligent or fraudulent act or omission by the Client or any

employee or agent of the Client, Other Consultants, Contractor or suppliers.

2. Notwithstanding any recommendation or lack of recommendation made by the Civil

Engineer to the Client, the Civil Engineer shall not be held to have made any warranty

of promise as to the suitability, competence or performance of any Other Consultant,

Contractor, supplier, or other third party.

3. The Civil Engineer shall not be responsible for the techniques, methods, programs,

sequences or procedures adopted by any Contractor or other third party responsible for

executing any aspects of the Project, nor for their performance on time, their failure to

carry out the work in accordance with any contract documents or for any other acts or

omissions.

COMMENT:

This section outlines the limitations of the civil engineer's responsibility:

1. The civil engineer won't be held responsible for any costs or damages caused by

errors or omissions in data, documents, plans, or specifications that weren't prepared by

them or their direct team. This includes any mistakes or negligence by the client, their

employees, agents, other consultants, contractors, or suppliers.

2. Regardless of any recommendations made by the civil engineer, they won't be

considered responsible for the suitability or performance of other consultants,

contractors, suppliers, or third parties involved in the project.

3. The civil engineer isn't accountable for the methods or procedures used by

contractors or third parties involved in the project, nor for their performance or

adherence to contract documents.

1.3.3 b. Damages

If found that the Civil Engineer undertaking Services is liable to the Client, damages

shall be payable on the following terms:

1. Damages payable shall be limited to the amount of reasonably foreseeable loss and

damage suffered as a direct result of such breach;

2. The maximum amount of damages payable in respect of liability, whether under the

law or contract, or otherwise, is limited to the amount specified in the Specific Provision

or, if no such amount or provision is specified, to the lesser of P300,000 or 10% of the

total amount of damages of the portion of the work attributable to the Civil Engineer’s

breach f duty or twenty percent of the total of fees payable under their agreement;

3. If found to be liable, in circumstance where the acts or omissions of a third party have

contributed to the loss or damage, the proportion of damages payable by the party

found liable shall be limited to that proportion which is attributable to that party’s breach

of duty, whether the claims are made under contract or otherwise.

COMMENT:

This section outlines the terms for paying damages if the civil engineer is found liable to

the client:

1. The damages payable will be limited to the amount of foreseeable loss directly

caused by the civil engineer's breach.

2. The maximum amount of damages payable will be either the specified amount in the

agreement or, if not specified, it will be limited to P300,000 or 10% of the total damages

caused by the breach, or twenty percent of the total fees agreed upon.

3. If a third party's actions also contributed to the loss or damage, the civil engineer's

liability will be limited to their proportionate share of responsibility for the breach,

whether under contract or otherwise.

1.3.5 SUSPENSION OR TERMINATION OF SERVICES

If circumstances arise for which the Civil Engineer is not responsible and which make it

impractical or impossible for the Civil Engineer to perform in whole or in part the

Services inaccordance with their Agreement then the Civil Engineer shall promptly notify

the Client of the same.

If by reason of the abovementioned circumstances certain services has been

suspended, the time for their completion shall be extended by the extent of the delay

pus a reasonable period for the resumption, or if the speed of performing certain

Services has to be reduced, the time for the completion shall be extended as is

necessary by reason of the circumstances.

The Client may suspend all or part of the Services or terminate the Agreement by

written notice of not less than 30 days to the Civil Engineer who shall immediately make

arrangements to stop the Services and minimize further expenditure.

The Civil Engineer by written notice of no less than 30 days may terminate the

Agreement or at his and or her discretion without prejudice to the right to terminate,

suspend the performance of the whole or part or the Services under the following

conditions.

1. When 30 days after the due date or payment of any account the Civil Engineer has

not received payment of that part of it which has not by that time been contested in

writing, or

2. When Services have been suspended for a period exceeding 6 calendar months, or if

it is clear to the Civil Engineer that it will be impossible or impractical to resume the

suspended Services before the period of suspension has exceeded six months.

When the Services are suspended or terminated the Civil Engineer shall be entitled to

payment for the Services carried out including consequential costs, expenses and

disruption fees incurred as a result of the suspension or termination, and remobilization

fees on resumption. Suspension or termination of the Agreement shall not prejudice or

affect accrued rights or claims and liabilities of the parties.

COMMENT:

This section outlines the procedures if circumstances beyond the civil engineer's control

prevent them from fulfilling their services. If such circumstances arise, the civil engineer

must promptly notify the client. If services are suspended due to these circumstances,

the time for completion will be extended by the delay plus a reasonable period for

resumption, or if the pace of work needs to be reduced. The client has the option to

suspend or terminate the agreement by providing a written notice of at least 30 days to

the civil engineer, who must then cease the services and minimize further expenses.

Similarly, the civil engineer can terminate the agreement by giving a 30-day written

notice if payment is overdue for 30 days after the due date, or if services have been

suspended for over 6 months, or if it's evident that they can't resume within that

timeframe. In case of suspension or termination, the civil engineer is entitled to payment

for completed services, including additional costs or disruptions incurred, and fees for

remobilization upon resumption. Ending the agreement won't affect any existing rights

or claims of the parties involved.

1.3.5. SETTLEMENT OF DISPUTES

If a dispute arises on either party, then that party shall by notice in writing served on the

other party of the details of the dispute and request that the dispute be resolved by

conciliation. If the matter in dispute is not resolved in conciliation between the parties

within the prescribed time then the matter in dispute shall be referred to arbitration.
COMMENT:

This section outlines the process for resolving disputes between the parties involved:

If either party has a problem, they must inform the other party in writing and ask to

resolve it through conciliation. If they can't resolve the issue through conciliation within a

set time, then they'll take the matter to arbitration. This means they'll get an independent

person to help them settle the dispute. It's a straightforward way to handle conflicts and

ensures a fair resolution process.

1.3.6 OWNERSHIP OF DATA, DESIGNS AND DOCUMENTS

The design analyses, drawings, specifications and reproductions thereof are

instruments of service owned by the Professional Engineer and shall be use only for the

specific project covered by the agreement between the Client and Engineer.

COMMENT:

This statement emphasizes that the design analyses, drawings, specifications, and any

copies of them belong to the professional engineer. They can only be used for the

particular project outlined in the agreement between the client and the engineer. This

ensures that the engineer's work is protected and used appropriately, reinforcing the

importance of respecting intellectual property rights in engineering projects.

1.4 CIVIL ENGINEERING SERVICES

Civil Engineer and civil engineering firms, whether they serve public or private

employers (clients) can provide a variety of important services which are described in

Section 2. Typical services may include:

● Design, consultations and advice.

● Feasibility studies

● Field investigations and engineering data collection

● Environmental assessments, impact statements or Engineering reports

● Opinions of probable construction cost

● Preliminary and final designs, drawings, specifications and construction bidding

documents

● Assistance in securing construction bids and in awarding contracts

● Construction administration and observation

● Arrangements for or performance of testing of materials and equipment

● Assistance in start-up, assessment of capacity, and operations of facilities

● Preparation of operation and maintenance manuals

● Appraisals and rate studies

● Value engineering

● Expert testimony

● Assessment of risks

● Structural remediation or rehabilitation

● Project Management and controls

● Provision of supplemental temporary staff

 ● Teaching

Civil Engineers may also serve as construction managers or program managers and

may employ other subconsultants and subcontractors as part of their services.

Many Civil Engineers and civil engineering firms specialize in specific areas of

engineering, such as: structural and foundation, geotechnical and environmental, water

resources and hydraulics, transportation, and construction management and

engineering.

Professional Civil Engineer firms draw upon the combined talents of various disciplines

such as economists, planners, engineers and designers, estimators, architects,

scientists, technical analysts, specification writers, drafters, field representatives,

surveyors, and others. The expertise of practitioners and specialist in other fields,

particularly as the use of computers and computeraided design and drafting increases,

is also utilized. Likewise, Civil Engineer are employed by these practitioners to assist

them in the performance of their respective services.

The Civil Engineer provides services which may result in the client’s committing financial

resources for construction of a proposed project. The suitability of the constructed

project for the intended function must often be accepted at face value by the client, who

may be unfamiliar with the technical and civil engineering aspects of the project. Thus,

civil engineering services must be performed in a competent and efficient manner, on a

highly professional and ethical plane, and in an atmosphere of mutual respect and trust.
Project implementation has become increasingly complex, involving financial,

environmental, regulatory, technical and managerial matters. As a result, clients have

opted to pursue a number of implementation approaches. One such approach in

commonly called program management. The client retains a program manager to

perform specialized tasks necessary to the development or construction of specific

project. Alternatively, the client may retain a program manager to develop, define and

oversee the program, prepare budgetary estimates of program costs, prepare program

schedules, evaluate and select members of the program team, and provide periodic

program status reports. In other cases, the program manager’s staff would in essence

act as an extension of and interact with, the client’s staff through the life of the program.

In most cases, the client continues to be the contracting agent with all members of the

program team and the contractors hired to construct the project. The Program Manager

is generally a Civil Engineer.

COMMENT:

This passage outlines the wide range of services that civil engineers and civil

engineering firms provide to both public and private clients. These services include

everything from design and feasibility studies to construction management and expert

testimony. Civil engineers often specialize in areas like structural engineering, water

resources, or transportation. They collaborate with various professionals from different

disciplines to ensure project success. It's crucial for civil engineering services to be

performed competently and ethically, considering the complexity of modern projects.

Clients may choose different implementation approaches, such as program

management, where a program manager oversees various aspects of project

development or construction. Overall, civil engineers play a vital role in ensuring the

successful planning, design, and execution of various infrastructure projects.

1.5 SPECIALIZATION IN CIVIL ENGINEERING

Within the practice of civil engineering, the PICE recognizes the initial five areas of

specialization. A Civil Engineer who has demonstrated his knowledge, experience,

education and training in accordance with the requirements of the concerned Specialty

Committee of the PICE is awarded a certificate of specialization by PICE. Those

awarded with the certificates are considered qualified for positions in the respective

areas of specialization.

The PICE recognize specializations in the fields of structural engineering, geotechnical

engineering, water engineering, transportation engineering, and construction

management and engineering. A Civil Engineer who has specialized in any are of civil

engineering may be considered as a specialist in the appropriate field as enumerated.

COMMENT:

This passage highlights the recognition of specialization within civil engineering by the

Philippine Institute of Civil Engineers (PICE). Civil engineers who demonstrate sufficient

knowledge, experience, education, and training in specific areas are awarded

certificates of specialization by PICE. These certificates signify their qualification for

positions within their respective specialized fields. The recognized areas of

specialization include structural engineering, geotechnical engineering, water

engineering, transportation engineering, and construction management and

engineering. This recognition allows civil engineers to be acknowledged as specialists in

their chosen fields, enhancing their credibility and expertise in the industry.

1.6. SELECTION OF A CIVIL ENGINEER

The engagement of a Civil Engineer is one of the most important decisions to be made

during the development of an engineering project. The accomplishment of the client’s

objectives and commitment of financial resources, soundness of design, and suitability

of the proposed project for its intended function rest upon the experience, organization,

skill, integrity, and judgment of the Civil Engineer. The Civil Engineer’s

recommendations based on these factors, affect lifecycle costs and thereby influence

the economic feasibility of the undertaking.

The cost of the full range of engineering services typically amounts to not less than 1 to

2% of the life-cycle cost of most construction projects. It is, therefore in the client’s best

interest to engage the most qualified and reputable Civil Engineers or Civil Engineering

firm available. It is usually advantageous for the client to select a Civil Engineer who can

support the project from conception through design, construction, and project start-up.

Continuity of service aids in developing a relationship between the Civil Engineer and

the client, which will add to the success of the project.

Civil Engineer who can support the project from conception through design,

construction, and project start-up. Continuity of service aids in developing a relationship

between the Civil Engineer and the client, which will add to the success of the project.

Qualifications, experience, reputation, and quality of client service are of critical

importance in the selection of a Civil Engineer as a consultant. Selection based

primarily on cost of services, with limited consideration of the competence or expertise if

the consultant, can result in unsatisfactory service to the client and in higher overall

project costs. The Civil Engineers competence in specialty fields, performance on other

projects of similar nature, interrelationship with the design team members, personnel

assignments, provision for independent reviews, and costs, insurance and other annual

charges and the resulting life-cycle costs of the project. Importantly, the client should

recognize that selecting an engineer based on the quality and expertise is somewhat

subjective. It is imperative that clients assign those individuals who are best suited

within their organizations to make that selection.

Once a Civil Engineer is selected, detailed discussions between the engineer and client

to define the scope and expectations of the engineering services to be provided, are

essential before negotiating a fee for services. A clearly defined scope of services

greatly reduces the potential for misunderstandings or confusion which can later evolve

into project delays and claims for additional compensation. A detailed scope of services

protects the interests of both the client and the consultants.

The Philippines Institute of Civil Engineers support procedures such as those specified

by CIAP Documents 101 and 102, Executive Order 164, and PD 1594 as amended. In

applying these procedures the selection, procurement and administration of engineering

services should be the responsibility of the owners or the owner’s engineering staff.

COMMENT:

This passage stresses the importance of choosing the right civil engineer for an

engineering project. The success of the project depends heavily on the engineer's

experience, skills, integrity, and judgment. Their recommendations affect the project's

costs and overall feasibility. Typically, engineering services cost around 1 to 2% of the

total project cost, so it's crucial to select a qualified and reputable engineer or firm. It's

beneficial for the client to choose an engineer who can support the project from start to

finish, as continuity of service fosters a strong relationship between the engineer and

the client, enhancing project success. Qualifications, experience, reputation, and quality

of service should be prioritized over cost when selecting an engineer, as choosing solely

based on cost can lead to unsatisfactory results and higher costs in the long run.

Detailed discussions between the engineer and client are essential to define the scope

and expectations of the engineering services and avoid misunderstandings later on.

Additionally, it's important to follow recognized procedures and guidelines for selecting

and administering engineering services to ensure the project's success.

1.7 PRME PROFESSIONAL PRACTICE

The guidelines in this manual refer specifically to the engagement of engineering

services where the consulting Civil Engineers serve as the client directly as a prime

professional, and where the client is usually also the owner of the project. Some

information in this manual is also applicable when the Civil Engineer serves the client

indirectly as a sub-consultant through another engineer or architect who serves as the

prime professional. These services may also be performed through another entity on a

design-build construction management, or turnkey project.

COMMENT:

This passage explains that the guidelines in the manual focus on situations where civil

engineers are hired directly by the client, who is typically the project owner. However,

some information also applies when civil engineers work indirectly as subcontractors

through another engineer or architect who is the main professional. These services may

also be provided through other arrangements like design-build, construction

management, or turnkey projects. It's important to understand how these different roles

and relationships can affect the execution of engineering services and the overall

project outcome.
1.8 EMPLOYMENT

The guidelines in this manual also refer to Civil Engineers employed by professional

consulting firms, government agencies, educational institutions, construction firms,

manufacturing and commercial entities and other entities.

COMMENT:

This statement highlights that the guidelines in the manual are relevant not only to civil

engineers working directly for clients but also to those employed by various

organizations such as consulting firms, government agencies, educational institutions,

construction firms, and commercial entities. It emphasizes the wide applicability of the

guidelines across different sectors where civil engineers are involved in engineering

projects. This inclusivity ensures that the principles and standards outlined in the

manual can be effectively applied regardless of the specific context in which civil

engineers operate.

1.9 DESIGN COMPETITION

Design competition is a process through which a Civil Engineer is selected above other

competitors based on proposal or an innovative approach to solving a client’s needs.

Competing firms are normally shortlisted from a number or engineers responding to a

client’, solicitation either directly, by a letter request or indirectly through a newspaper or

other form or publication. The civil engineer should be aware a stipend to participate in

the competition.
COMMENT:

This passage explains the concept of a design competition, where civil engineers

compete to be selected based on their proposals or innovative solutions to a client's

needs. It mentions that competing firms are typically shortlisted from a pool of engineers

who respond to the client's request for proposals, either directly or through public

advertisements. It's important for civil engineers to be aware that they may receive a

stipend for participating in the competition. This ensures fairness and compensates

engineers for their time and effort spent developing proposals, even if they're not

ultimately selected for the project.

1.10 CONTINGENCY BASIS OF EMPLOYMENT

Canon 5c or the PICE Code or Ethics provides that “Engineers may request, propose or

accept professional commissions on a contingency basis only under circumstances in

which their professional judgments would not be compromised. “Although contingent

commissions are permissible, it is the general view of PICE that it is not in the best

interest of the client or the public for the Civil Engineer to provide professional services

on a contingency basis.

COMMENT:

This statement from Canon 5c of the PICE Code of Ethics allows engineers to request

or accept professional commissions on a contingency basis, but only if it doesn't

compromise their professional judgment. However, it's generally believed by PICE that

it's not ideal for civil engineers to provide services on a contingency basis. This is
because it may not be in the best interest of the client or the public. Contingency-based

fees could potentially lead to conflicts of interest or compromise the integrity of the

engineering work, which could ultimately impact the quality and safety of projects.

1.11 PROFESSIONAL PRACTICE OF FOREIGN CIVIL ENGINEERS

Foreign Civil Engineers are allowed by law (See RA 8991) to practice civil engineering

in the Philippines under the following instances.

1. The laws of the foreigner’s state or country allow the citizens of the Philippines to

practice civil engineering on the same basis and grant the same privileges as those

enjoyed by the subjects or citizens of such foreign state or country.

2. Allowed under international agreement.

3. Consultants to be engaged in foreign-funded, joint venture or foreign-assisted

projects of the government.

4. Employees of Philippine or foreign private institutions pursuant to law.

5. Civil Engineers who were former citizens of the Philippines, who had been registered

and issued a certificate of registration and a professional identification card prior to their

naturalization as foreign citizens, and who, while in the country on a visit, sojourn or

permanent residence, desire to practice their profession.

The application of the law is however not automatic. Foreign civil engineers must still

secure certificate of registration/license or special permit from the Professional

Regulation Commission.

Agencies, organizations or individuals, whether public or private, who secure the

services of a foreign Civil Engineer, are made responsible by law (R.A. 8981) for

securing a special permit form the PRC and the Department of Labor and Employment

pursuant to their respective rules.

COMMENT:

This passage outlines the conditions under which foreign civil engineers are allowed to

practice in the Philippines, as governed by RA 8991. They can practice if their home

country allows Filipino civil engineers to practice under similar conditions, if there's an

international agreement permitting it, if they're consultants for foreign-funded projects, if

they're employees of Philippine or foreign private institutions, or if they were former

Filipino citizens who were registered civil engineers before becoming foreign citizens.

However, even if they meet these conditions, foreign civil engineers still need to obtain a

certificate of registration or a special permit from the Professional Regulation

Commission (PRC). Additionally, agencies or individuals hiring foreign civil engineers

are legally required to obtain a special permit from both the PRC and the Department of

Labor and Employment. This ensures that foreign civil engineers meet the necessary

qualifications and standards to practice in the Philippines, and it provides legal oversight

to their employment.